Article 79 If punishment to a criminal is to be commuted, the executing organ shall submit to a People's Court at or above the intermediate level a written proposal for commutation of punishment. 第七十九条对于犯罪分子的减刑,由执行机关向中级以上人民法院提出减刑建议书。
On the problem of the execution of punishment, the writer suggests that the superior People's Courts should take back the power of commutation of punishment and parole, so that they can make relatively flexible decision according to special conditions of minor offenders. 在有关未成年人刑罚执行问题上,笔者建议将对未成年犯罪人减刑和假释的权利一并收归到各地地高级人民法院,以便根据未成年犯罪人的特殊情况作出相对灵活的决定。
Commutation is an important executive system of punishment. It is often widely applied in the area of execution of punishment and plays an important role in judicial practice. 减刑是我国一项重要的刑罚执行制度,在刑罚执行领域中经常、广泛地被应用,在司法实践中发挥着重要的作用。
The commutation procedure refers to the programs of the enforcement organs of punishment resorting to a commutation and the court accepting and judging the commutation case. 减刑程序是指刑罚执行机关根据减刑的条件提请减刑和人民法院受理减刑案件进行审理的程序。
Commutation of the sentence refers to was sentenced to control, criminal detention, imprisonment, life imprisonment of criminals, based on their repentance during the execution of punishment, or meritorious performance, and appropriate to mitigate their verdict penalty system. 减刑是指对被判处管制、拘役、有期徒刑、无期徒刑的犯罪分子,根据其在刑罚执行期间的悔改或者立功表现,而适当减轻其原判刑罚的制度。
The author think that the essence of commutation is an alleviation of punishment in execution, and the concept of commutation refers to a system, in which judicial body commutes punishment which have not be executed due to the appearance of the legal subject during this period. 认为减刑是指受刑人在刑罚执行期间,由于法定事由的出现,司法机关依法将原判决所确定的尚未执行的刑罚适当减轻的制度。
As to current crime theories, the width and depth of the researches about the commutation of punishment were unsatisfied, the articles about commutation of punishment only summarized the experiences in magazines and newspapers. 而在刑法理论上,关于减刑制度的研究的广度与深度尚不令人满意,散见于各类报刊杂志上的有关文章多为经验性的总结。
The final adoption of commutation of sentence, re-qualification of the right to perfect the implementation of punishment and help offenders return to society as soon as possible. 最后通过减刑、复权来完善资格刑的执行,帮助犯罪人早日回归社会。
Commutation and Parole important form of Punishment Execution changes affect the realization of the purpose of punishment. 而减刑假释作为我国刑罚执行变更的重要形式,影响着刑罚目的的实现。
Emphasis on commutation of sentence applicable to the neglect of other penalties execution of its unique and irreplaceable role, coupled with the commutation defects to enforce its law, ruling, the expected role of the punishment to be weakened in the implementation phase. 对减刑适用的偏重,而忽视其他刑罚执行方式其独特且不可取代的作用,再加上减刑执行本身法律规定所存在的缺陷,判决后,法定刑的预期作用在执行阶段被削弱了。
The commutation of punishment of a criminal may encourage him to repent and improve execution efficiency and cost savings, and the correct execution. It may contribute to protect the legitimate rights and interests of such criminals. 对服刑罪犯的减刑,具有鼓励罪犯悔过自新、提高行刑效率节约成本、正确行刑保障罪犯的合法权益的功能。
It points out that commutation changes the content of penalty implementation, including the following two cases: the first is to shorten the imprisonment term; the other is to change the heavy penalty into a light punishment. 文章指出:减刑改变了刑罚执行内容,包括两种情形,一为刑期长度的减短;二为由重刑种变更为轻刑种。
Commutation system as an important penal system, fundamentally speaking, the purpose of its establishment is to make the system should be the formulation and implementation can facilitate the realization of the purpose of punishment. 减刑制度作为一项重要的刑罚制度,从根本上说,其设立的目的都应在于使该项制度的制订与实施能够促进刑罚目的的实现。